No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 15 contracts
Samples: Assignment of Leases And (Lodging Fund REIT III, Inc.), Assumption and Release Agreement (Blue Ridge Real Estate Co), Bluerock Residential Growth REIT, Inc.
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 7 contracts
Samples: Mortgage And (Paladin Realty Income Properties Inc), Associates (Taubman Centers Inc), Glimcher Realty Trust
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Mortgaged Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 2 contracts
Samples: Inland Real Estate Income Trust, Inc., Loan Agreement (Coolbrands International Inc)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by BorrowerAssignor.
Appears in 2 contracts
Samples: Assignment Agreement (Standard Microsystems Corp), Senior Loan Agreement (Hyatt Hotels Corp)
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by LenderLxxxxx. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 2 contracts
Samples: Everest Hickory (Secured Investment Resources Fund Lp Ii), Moody National REIT I, Inc.
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by BorrowerBorrower unless caused by Lender's gross negligence, bad faith or willful misconduct.
Appears in 1 contract
Samples: Cedar Shopping Centers Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In Except as set forth herein or under applicable law, in the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
Samples: Koger Equity Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property Premises by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by BorrowerAssignor.
Appears in 1 contract
Samples: NNN 2003 Value Fund LLC
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by each Borrower.
Appears in 1 contract
Samples: Ventas Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower, unless caused by the gross negligence, willful misconduct or bad faith of Lender or its agents, employees or Affiliates.
Appears in 1 contract
Samples: Alexanders Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting Lender a "mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. In Except as set forth herein or under applicable law, in the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
Samples: Koger Equity Inc
No Mortgagee in Possession. Nothing herein contained shall be construed as constituting the Lender a "“mortgagee in possession" in the absence of the taking of actual possession of the Property by Lender. .” In the exercise of the powers herein rights granted Lenderto Lender or Designee hereunder, no liability shall be asserted or enforced against Lenderthe Lender or the Designee, all such liability being expressly waived by the Borrower and released by Borrowerthe Guarantor Parties.
Appears in 1 contract
Samples: Lieu of Foreclosure Agreement
No Mortgagee in Possession. (a) Nothing herein contained shall be construed as constituting Lender a "“mortgagee in possession" ” in the absence of the taking of actual possession of the Property by Lender. In the exercise of the powers herein granted Lender, no liability shall be asserted or enforced against Lender, all such liability being expressly waived and released by Borrower.
Appears in 1 contract
Samples: Behringer Harvard Reit I Inc
